QUESTION
Do I sue the person or the company of the person who hit me?
Asked on Jun 27th, 2011 on Personal Injury - California
More details to this question:
I was hit from behind at a red light. Driver said I backed into him, which is not true. His ins. company said to sue the driver but they will defend him in a court case I want to file a small claim against him but I only have his name and policy# state farm refuse to give me any of the driver info. So I can sue him can I sue his ins. company where do I go from here? Please help! I'm lost as to what I can do.
20 ANSWERS
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You must sue the driver personally. At the scene of the accident, you should have received the driver's contact information. You should contact an attorney.
Answered on Jul 05th, 2011 at 1:07 PM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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The company is most likely responsible for the driver's actions and they probably carry the liability insurance. However, if I was filing the lawsuit I would want to know the name of the driver and would want to sue him, along with his employer. He should have given you this information at the accident. He should also have had to file a DMV accident report. You should be able to find out the driver's name through either the DMV or through your insurance company. If you end up filing a lawsuit, State Farm would be required to give you the name of the other driver through the discovery process, then you can add that person as a defendant.
Answered on Jun 30th, 2011 at 10:21 AM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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In Florida, you cannot name the insurance company in a lawsuit. You would have to sue the driver and the owner of the vehicle.
Answered on Jun 30th, 2011 at 9:50 AM
Personal Injury Attorney serving Huntsville, AL
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Watson McKinney, LLP
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You would sue the person who hit you. Do you have an accident report? The address etc. should be on the report. Otherwise, I would do a search for the address of the person.
Answered on Jun 30th, 2011 at 9:48 AM
Theodore W. Robinson
You can sue both. I suggest you consult with a personal injury attorney who may take on such a case in order to assist you. Good luck.
Answered on Jun 29th, 2011 at 2:48 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You need the name of the driver or the owner of the car. You can sue either one or both. You'll need a plate number or information from a police report or that you obtained at the scene. Also, sometimes, when insurance companies write to you on automobile cases, they put the name of the "insured" in the subject lines of the letters. That person is usually the owner of the car.
Answered on Jun 29th, 2011 at 2:40 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You cannot sue the driver's insurance company, but you can sue the driver individually and his insurance company will defend the driver. If your damages are less than $5,000, then you can sue in small claims court and don't really need a lawyer, but I would still try to hire one.
Answered on Jun 29th, 2011 at 2:16 PM
Personal Injury Attorney serving Austin, TX
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Law Offices of Earl K. Straight
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You can only sue the driver of the car that hit you. His insurance company, at least in Texas, has no duties towards a third party, which is you in this case, so they cannot be a party to the suit. You may have to hire a private investigator to track down the other driver. Due to privacy laws, State Farm will not give you any information about their insured.
Answered on Jun 29th, 2011 at 2:14 PM
Personal Injury Attorney serving Portland, OR
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Law Offices of Thomas Patton
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Yes, you sue the driver. Try corresponding in writing with the insurance company - trade letters. They will usually include the driver's name in the subject line.
Answered on Jun 29th, 2011 at 2:13 PM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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You cannot sue insurance company so you have to sue him.
Answered on Jun 29th, 2011 at 1:52 PM
Wrongful Death Attorney serving Salem, OR
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Swanson Lathen Prestwich, PC
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The claim would be against the other driver. His insurance company has a contract with him to defend him in any lawsuit and indemnify (pay out) any claims he is responsible to pay. No direct action can be made against the insurance company. Hopefully you have his license plate number or some information on which to go. Assuming you do, you should contact an attorney because even small claims can be handled by an attorney under statutes designed specifically for smaller claims.
Answered on Jun 29th, 2011 at 1:43 PM
Personal Injury Attorney serving Missoula, MT
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Judnich Law Office
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This issue should not vary from jurisdiction to jurisdiction, but in Montana, you have to file a lawsuit in the name of the actual person that hit you. You never include an insurance company as a defendant. This is because an insurance company indemnifies a person, they are not responsible for their actions. So, once you sue the actual person, the insurance company then has a contractual duty to hire an attorney for that person and ultimately indemnify them for an amount of money up to their policy limit of insurance. For more info on insurance subjects, please visit my insurance blog linked on our firm website.
Answered on Jun 29th, 2011 at 1:43 PM
Personal Injury Attorney serving West Palm Beach, FL
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Personal Injury Law Offices of Joseph I. Lipsky
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Most states do not allow you to sue the insurance company of the person who caused a car accident. Generally you are required to file a lawsuit against the person who caused the accident.
Answered on Jun 29th, 2011 at 11:53 AM
Consult with and/or retain an accident attorney to handle this legal matter. With more details disclosed, it may be possible to name both the employer and the employee in the lawsuit if that employee was in the course of employment when the accident occurred.
Answered on Jun 29th, 2011 at 11:47 AM
Steven D. Dunnings
Before you think about suing anyone, what are your damages? Were you injured and require ongoing medical treatment. You can't sue if you have no damages.
Answered on Jun 29th, 2011 at 11:42 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sue the driver. His carrier will defend. If you have a witness, bring him.
Answered on Jun 29th, 2011 at 11:42 AM
Admiralty and Maritime Attorney serving Delray Beach, FL
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Aronberg, Aronberg and Green, Injury Law Firm
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It depends on the State that you live in. In Florida, where my main office is located, yo would sue the person who was driving the car and the owner of the car that hit you (sometimes these are 2 different people). You can file a lawsuit against the person in small claims. You will need the person's address so that you can serve the lawsuit on him. You may be able to find his address on the internet.
Answered on Jun 29th, 2011 at 11:22 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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First, you can get the driver and owner info from the accident crash report written by the police. There you will have names and addresses, etc. Were you hurt or is this for minitort? I would be happy to discuss all the details free of charge.
Answered on Jun 29th, 2011 at 11:22 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Unfortunately, this is not uncommon. Many people who are working or are in a work vehicle at the time of an accident in which he/she is at fault will often attempt to divert the blame out of fear for his/her job. You need an attorney who is experienced in handling auto accident cases and who is aggressive. Thankfully my firm has been on the winning side of most cases that we have had similar to yours. Call my office for a free consultation so that we may better evaluate your case. If you are not in Mississippi or Louisiana, then I will be happy to attempt to refer you to someone in your jurisdiction who may be able to advise you. Thanks again!
Answered on Jun 29th, 2011 at 10:08 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You cannot sue the insurance company directly. You might try being clever and getting the insurance company to send you a letter. If they do, it will have the policy and claim number along with the name of the insured person(s). I suggest you write to them making a demand for compensation for your car and any physical injuries you suffered. If they call you to talk about it, ask them to put it in writing. You can also make a request from DMV for his information if you reported the accident to DMV and you have his license plate number.
Answered on Jun 29th, 2011 at 10:03 AM